NECESSITY, FUNCTION, AND CONFORMITY: KRS
217B.050(1) authorizes the department to promulgate administrative regulations
prescribing the methods of storing fertilizers and pesticides. This administrative
regulation regulates the storage and handling of pesticides and bulk
fertilizers at commercial facilities.

Section 1. Definitions. (1). "Best management
practices" means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the
pollution of waters of the Commonwealth. Best management practices also
includes treatment requirements, operating procedures, practices to control
facility run-off, spillage or leaks, sludge or waste disposal, or drainage from
raw material storage.

(18) "Operational area containment" means
any structure or system designed and constructed to effectively intercept and
contain operational spills of fertilizer and pesticides, including rinsate or
rain water resulting from any operational activity in an operational area.

(19) "Package pesticide" means a
pesticide not defined as bulk or minibulk pesticide.

(20) "Pesticide" is defined in KRS
217B.040(2), but for purposes of this administrative regulation, shall not
include a pesticide packaged for household use.

(21) "Primary containment" means any storage
container or device used to contain a bulk pesticide, fertilizer, or rinsate at
a storage facility.

(22) "Repackaging" means the transfer of
bulk pesticides, minibulk pesticides, or package pesticides from one (1)
storage container to another storage container.

(23) "Rinsate" means water or other
liquid resulting from the washing of equipment, operational areas, or
containers used in the application, loading, unloading, mixing, transferring or
storing of any fertilizer or pesticide.

(24) "Roofed" means protected from
precipitation.

(25) "Secondary containment" means a
dike, liner, structure, or other device used to:

(a) Contain a product spill from a primary bulk
storage container; and

(b) Prevent runoff or leaching.

(26) "Storage container" means a
container used for the storage of fertilizer or pesticides. A storage container
includes a rail car, nurse tank, or other mobile container used for the storage
of bulk fertilizers or pesticides. The definition of a "storage
container" shall not include:

(a) A mobile container storing fertilizer or
pesticide at a storage facility for less than fifteen (15) days if this storage
is incidental to the loading or unloading of a storage container at the storage
facility.

(b) A container used solely for temporary emergency
storage of leaking fertilizer or pesticide containers.

(27) "Storage facility" means a
commercial storage facility.

(28) "Temporary operational containment"
means any structure or system designed and constructed with the capability of
movement between operational areas and designed to intercept and contain
discharges from operational activities including the loading, unloading,
repackaging, impregnation, and transfer of pesticides or fertilizer or the
rinsing, washing or cleaning of pesticide and fertilizer application equipment.

(29) "Unload" means the transfer of
pesticide in an open storage container or bulk fertilizer from the transport
vehicle into the storage facility.

Section 2. Scope and Application. (1) The Kentucky
Department of Agriculture, Division of Pesticide Regulation shall be the
designated lead agency.

(7)
After August 2003, unless performed in the field of application, the loading,
unloading, mixing and handling of dry bulk fertilizer shall be performed in
accordance with Section 8 of this administrative regulation.

Section 3. Operational Area Site Specifications.
(1) New permanent operational area containment located in a flood plain shall
be protected from inundation by floods.

(2) New permanent operational area containment
shall be located a minimum of 100 feet from on-site wells and sinkholes, 200
feet from private domestic wells, and 400 feet from any community wells used as
a public water source.

(a) A storage container and appurtenances shall be
constructed, installed and maintained so as to prevent the release of liquid
fertilizer or pesticides.

(b) Storage containers and appurtenances shall be
constructed of materials which are resistant to corrosion, puncture, or
cracking and shall be compatible with the product being stored.

(c) A
storage container and appurtenance used for the storage of a liquid fertilizer
containing potassium chloride (muriate of potash) may be constructed of ferrous
materials if the following provisions are met:

1.
The container and appurtenance are coated or treated with protective
substances; and

2.
The container or appurtenance is used for a storage period of not more than six
(6) months, is completely emptied between storage periods, and is cleaned and
inspected for leaks prior to being refilled.

(d)
Metals used for valves, fittings, or repairs
on metal containers shall be compatible with the materials used in the
construction of the storage container so the combination of metals does not
cause or increase corrosion which may weaken the storage container or its appurtenances
or create a risk of release.

(e) Storage containers and appurtenances shall be
designed to handle all operating stresses, taking into account static head,
pressure buildup from pumps and compressors, and any other mechanical stresses
to which the storage containers and appurtenances may be subjected to in the
foreseeable course of operations.

(f) Storage containers shall be properly labeled
during active use of the container.

(2) Prohibition against underground storage and
plumbing.

(a) The storage of liquid fertilizer or pesticide
in an underground storage container shall be prohibited unless an impervious
catch basin is used for the temporary collection of run-off or rinsate from
containment or operational areas and it is emptied within seventy-two (72)
hours of use.

(b) Underground plumbing shall be restricted to the
use of concentric piping.

(3) Abandoned containers.

(a) Storage containers and other containers used at
a storage facility to hold liquid bulk fertilizer or pesticide, or pesticide
and fertilizer rinsate shall be considered abandoned if they have been out of
service for more than six (6) months due to a weakness or leak, or have been
out of service for any reason for more than two (2) years and no integrity
tests have been performed.

(b) Abandoned aboveground containers shall be
thoroughly cleaned. All hatches on the containers shall be secured and all
valves or connections shall be severed or sealed.

(c) A secondary containment facility shall not be
considered abandoned for the sole reason that there have been no releases into
the secondary containment.

(b) Storage containers and appurtenances used for
the storage of liquid fertilizers containing phosphate or chlorides shall not
be constructed of aluminum alloys.

(c) Storage containers and appurtenances used for
the storage of low ph (<5) liquid fertilizers shall not be constructed of
ferrous materials other than stainless steel unless the materials are coated or
treated with protective substances.

(d) Storage containers and appurtenances used for
the storage of low-pressure nitrogen solutions shall not be constructed of mild
steel, fiberglass, polyolefins, or plastic. This prohibition shall not extend
to nonpressure solutions commonly referred to as twenty-eight (28), thirty
(30), or thirty-two (32) percent nitrogen solutions. This prohibition against
the use of mild steel shall not extend to aqua ammonia.

(e) Storage containers and appurtenances used for
the storage of phosphoric acid shall not be constructed of ferrous materials
other than stainless steel unless the container is lined with a suitable
substance.

(5) Filling storage containers. Storage containers
shall not be filled beyond the capacity for which they are designed.

(6) Pipes and fittings. Pipes and fittings shall be
adequately supported to prevent sagging and possible breakage due to gravity
and other forces which may be encountered in the ordinary course of operations.
Underground plumbing shall be prohibited except as specified in subsection
(2)(b) of this section.

(7) Liquid level gauging device.

(a) Every storage container shall be equipped with
a liquid level-gauging device by which the level of liquid in the storage
container can be readily and safely determined. A liquid level-gauging device
shall not be required if the level of liquid in a storage container can be
readily and reliably measured by other means.

(b) Liquid level gauging devices shall be secured
in a safe manner to protect against breakage or vandalism.

(c) External sight gauges shall be prohibited.

(8) Venting. Storage containers shall be vented to
manufacturer's specifications for the product being stored in the container.

(9) Facility inspection and maintenance by owner or
operator. Inspections by the operator shall be conducted quarterly to assure the
early detection of cracks and other defects that may compromise the integrity
of the primary containment. Repairable defects that occur in a primary
containment shall be sealed or repaired immediately.

(d) Underground plumbing shall be prohibited except
as provided in Section 4(2)(b) of this administrative regulation.

(e) Secondary containment may provide for the
separation between bulk pesticides and bulk fertilizer to the extent that a
common wall or curbing exists between the fertilizer and pesticide areas and
shall provide for the interception and recovery of materials including clean-up
of pesticide releases. The entire secondary containment area shall meet or
exceed the total capacity requirements specified in this section.

(f) Secondary containment structures shall be
cleaned and rinsed within seventy-two (72) hours after any release into the
secondary containment.

(g) An inspection shall be conducted quarterly by
the owner or operator to assure the early detection of cracks or other defects
that may compromise the integrity of the secondary containment. Repairable
defects that occur in a secondary containment shall be sealed or repaired immediately.
Inspections shall be documented in a legible and accurate form.

(h) Containers, pipes, hoses and valves shall be
protected against anticipated risks of damage by trucks and other moving
vehicles.

(i) Clay, natural soil clay mixtures, or clay and
bentonite mixtures shall not be used to contain any bulk pesticide.

(j) Temporary operational containment or elephant
rings shall not be used as secondary containment for any bulk pesticide.

(k) Secondary containment structures shall include
a sump or collection point for collection of spillage, leakage, rinsate, or
other residues. A sump or collection point shall not be greater than two (2)
feet deep and shall not contain more than 109 U.S. gallons. A sump shall be
cleaned and rinsed within seventy-two (72) hours of use.

(a) If not roofed, the containment shall have a
minimum containment volume that equals a six (6) inch rain storm in a
twenty-four (24) hour period, plus 100 percent of the capacity of the largest
tank and the volume displaced by the bases of the other tanks located within
the secondary containment structure.

(b) If roofed, the containment shall have a minimum
containment volume of 100 percent of the capacity of the largest tank plus the
volume displaced by the bases of the other tanks located within the secondary
containment structure.

(4) Basic requirements for the secondary
containment of liquid fertilizer.

(a) Secondary containment shall be provided which
meets or exceeds the requirements in subsection (2) of this section.

(b) Secondary containment shall be constructed to a
water permeability rate of 1 x 10-6 centimeters per second and maintained so
that liquid movement through the walls and base does not exceed a rate of 1 x
10-5 centimeters per second permeability rate. The secondary containment
structure shall be designed and maintained to withstand a full hydrostatic head
of any contained liquid.

(c) Synthetic materials or liners may be used as
secondary containment if they are compatible with the substances being
contained and are installed according to manufacturer's recommendations. These
directions and recommendations shall be maintained at the storage facility.

(d) Earthen walls used for secondary containment of
fertilizer shall be protected against erosion. Side slopes shall not exceed a
three (3) to one (1) ratio of horizontal to vertical. The top width of earthen
walls shall not be less than two and one-half (2 1/2) feet.

(e) Provisions shall be made for safe emergency
access and exit to and from the secondary containment structure.

(f) Floors shall be constructed to allow the safe
and expeditious removal of precipitation or any spilled liquid to a collection
point.

(g) A soil liner used for secondary containment of
fertilizer shall be constructed of suitable soil or soil treated with bentonite
clay or other comparable material, with a minimum depth of twelve (12) inches,
if the other requirements stated in this section are met. The liner shall be covered
by a soil or smooth aggregate layer not less than six (6) inches thick and
shall be maintained to prevent cracking or puncture.

(h) Prefabricated secondary containment devices
shall be constructed of a rigid prefabricated basin having both a base and
walls constructed of steel, reinforced concrete, synthetic liner, or synthetic
materials which are resistant to corrosion, puncture, or cracking.

(5) Exemptions from secondary containment.

(a) A liner shall not be required to be installed
directly under a storage container having a capacity of 100,000 gallons or more
which has been constructed on site and put into use prior to August 1998 if all
the following conditions are met:

1. A second bottom made of steel shall be
constructed for the storage container. The second bottom shall be placed over
the original bottom and a layer of smooth fine gravel or coarse sand having a
minimum thickness of three (3) inches shall be installed between the layers;

2. The original bottom of the storage container is
tested for leaks before the sand layer or second bottom is installed. A record
of the test shall be maintained at the storage facility;

3. The newly constructed bottom is tested for leaks
before any liquid fertilizer is stored on the newly constructed bottom. A
record of the test shall be maintained at the storage facility; and

4. There is a method by which leaks from the newly
constructed bottom into the sand layer may be readily detected unless the
storage containers are constructed of nonferrous materials which have a protection
system in place consisting of synthetic liners and monitoring system.

(b) The secondary containment requirements under
this section shall not apply to railcars which are periodically transferred to
and from storage.

(6) A storage facility with existing secondary
containment on site and in place on August 17, 1998, shall be exempt from this
section if the following conditions are met:

(a) All requirements specified in Section 4 of this
administrative regulation are met; and

(b) All requirements specified in subsection (2) of
this section are met; and

(c) A minimum secondary containment capacity of 110
percent of the largest container plus the volume displaced by the other tanks
located within the secondary containment structure exists.

Section 6. Operational Containment For Pesticides
and Liquid Fertilizer. (1) The
transfer of a pesticide or liquid fertilizer between storage containers at a
commercial facility shall be performed within impervious operational
containment designed to intercept, retain, and recover an accidental release or
leakage of rinsate and residue. Transfer shall include the following:

(a)
Loading;

(b)
Unloading;

(c)
Repackaging;

(d)
Impregnating;

(e)
Mixing; or

(f)
The cleaning of equipment.

(2) Temporary operational area containment may be
used in lieu of impervious operational containment for loading or unloading of
rail cars or barges.

(3) The basic requirements for permanent
operational containment structures for a pesticide and a liquid fertilizer
shall include:

(a) The construction and the design of a
containment structure shall be compatible with the products handled and be
maintained in a condition to retain recovered material until it is properly disposed
of or used.

(b) Operational containment shall be constructed of
reinforced concrete or other impervious materials compatible with the products
being handled.

(c) The owner or operator, to assure the early
detection of cracks and other defects that may compromise the integrity of the
operational containment structure shall conduct inspections at least quarterly.
Repairable defects that occur in an operational containment structure shall be
sealed or repaired immediately. Inspections shall be documented in a legible
and accurate form.

(e) Operational containment shall include a sump or
collection point for the temporary collection of spillage, leakage, rinsate, or
other residues. A sump or collection point shall not be greater than two (2)
feet deep nor contain more than 109 U.S. gallons. A sump shall be cleaned and
rinsed within seventy-two (72) hours of use.

(f) Operational containment shall not have a relief
outlet or release valve.

(g) Operational containment shall be large enough
in area to prevent spillage onto unprotected areas and to prevent any release
to the surrounding environment.

(h) The use of underground plumbing shall be
prohibited except as provided in Section 4(2)(b) of this administrative regulation.

(4) Operational containment shall provide the
following capacity:

(a) Operational area containment for a roofed
permanent structure shall have a volume sufficient to contain a minimum of
1,000 U.S. gallons. Containment capacity of the sump shall be figured in
addition to the containment capacity of the structure.

(b) Operational area containment for an unroofed
permanent structure shall have a volume sufficient to contain a minimum of
1,250 U.S. gallons. Containment capacity of the sump shall be figured in
addition to the containment capacity of the structure.

(5) Temporary operational containment may be
utilized to meet the requirements of this section if the following conditions
are met:

(a) The capacity of temporary operational
containment shall not be less than 1,250 U.S. gallons; and

(b) The temporary operational containment shall be
constructed of material which is compatible with products handled and a written
copy of the manufacturer's installation directions, compatibility statement,
and expected life expectancy is maintained at the storage facility; and

(c) All requirements specified in subsection (3) of
this section are met.

(6) An elephant ring may be utilized to meet the
requirements of this section if a minimum capacity of twenty-five (25) U.S.
gallons is provided for the use of recovering spillage and leakage from the
transfer connections and pumps associated with the unloading of a truck, barge,
or railcar into a storage facility.

(7) A combination of an elephant ring and
concentric piping may be utilized to meet the requirements of this section if a
minimum capacity of twenty-five (25) U.S. gallons is provided for the use of
recovering spillage and leakage from the transfer connections and pumps
associated with the loading or unloading of a railcar or barge.

(2) Dry bulk pesticide storage shall be segregated
from other containment areas and be segregated by a six (6) inch curb of an
area that extends at least two (2) feet beyond the perimeter of the walls of
the storage container.

(2) Dry bulk fertilizer shall be stored inside a
structure or device having a cover or rooftop, sidewalls and base sufficient to
prevent contact with precipitation and surface waters.

(3) The loading, unloading, mixing, or handling of
dry bulk fertilizer, unless performed in the field of application, shall be
conducted in a manner to provide for the collection and reuse of any spilled
fertilizer.

Section 9. Containment Management. (1) A pesticide,
fertilizer, pesticide residue, fertilizer residue, or rinsate recovered from
secondary or operational containment shall be field applied at agronomic rates,
used in a liquid mixing operation, or otherwise recycled or disposed of in
accordance with the product label. A pesticide residue or rinsate that is to be
land applied shall be handled in accordance with the product labels. Rinsates
may be used to make up the total spray mixture if the mixture does not exceed
the pesticide label application rates.

(2) Best management practices shall be used to keep
rinsate and other recovered material segregated by compatible uses.

(3) Uncontaminated precipitation collected shall be
discharged from containment areas. Contaminated precipitation shall be field
applied pursuant to subsection (1) of this section.

(4) Recovered or rinsate material collected in a
containment system shall not be considered a hazardous waste unless it is
determined that the rinsate or other recovered material cannot be applied to a
labeled target area.

Section 10. Field Mixing and Transferring. (1) The following shall be performed at a
field site or within operational area containment:

(a)
Field mixing of a pesticide or fertilizer;

(b)
Transferring of a pesticide or fertilizer; or (c) Rinsing of a pesticide
container.

(2) The
following shall not be conducted on a public highway, road, or street:

(a)
Mixing of a pesticide or fertilizer;

(b)
Transferring of a pesticide or fertilizer; or

(c)
Rinsing of pesticide or fertilizer equipment.

Section 11. Distribution. (1) Sale by weight or
meter shall be the approved method of resale for pesticides and fertilizer.
Both methods shall meet the specifications, tolerances and other technical
requirements for weighing and measuring devices as determined by the Kentucky
Department of Agriculture.

(2) A separate meter shall be required for each
product distributed for sale if the product is sold through a meter. (24 Ky.R.
2243; Am. 25 Ky.R. 308; eff. 8-17-98; 29 Ky.R. 2142; 2454; 4-11-2003.)